United States v. Leftwich

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6047

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

COREY MICHAEL LEFTWICH,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, Senior District Judge. (4:00-cr-00037-H-1)

Submitted: March 30, 2010 Decided: April 6, 2010

Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Corey Michael Leftwich, Appellant Pro Se. Mary Jude Darrow, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Corey Michael Leftwich seeks to appeal the district

court’s order construing his motion for an evidentiary hearing

as a successive 28 U.S.C.A. § 2255 (West Supp. 2009) motion and

dismissing it on that basis. We have reviewed the record and

find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. United States v.

Leftwich, No. 4:00-cr-00037-H-1 (E.D.N.C. filed Dec. 16, 2009;

entered Dec. 17, 2009). We dispense with oral argument because

the facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED